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December 28, 2008
New Laws
Take Effect on January 1st
The Corona
Chamber of Commerce wants you to be aware of new laws,
taking effect on January 1, 2009. The mission of the
Chamber’s Legislative Action Committee (LAC) is to
assume responsibility for representing the interests of
Corona businesses at all levels of government. One of
the ways in which we accomplish this is to ensure that
you stay on top of changing or new legislation. Below,
we have provided information on new legislation which
may impact your business or your ability to create new
jobs.
Cell Phone Use
Since July 1, 2008, drivers have been required to use a
hands-free device while talking on a cell phone and
driving. Starting January 1, 2009, text-based
communication while driving will be prohibited.
Specifically, the law prohibits writing, sending or
reading text-based communication including text
messaging, instant messaging and e-mail, on a wireless
device or cell phone while driving.
Exemption for Physicians Paid
on Hourly Basis
A licensed physician or surgeon who is primarily engaged
in performing duties for which licensure is required is
exempt from overtime if he/she is paid at least the
minimum hourly rate set annually by the state.
Effective January 1, 2009, the minimum hourly rate is
$69.13. This exemption does not apply to employees in
medical internships or resident programs, physician
employees covered by collective bargaining agreements or
veterinarians.
Family and Medical Leave Act
The U.S. Department of Labor published the final version
of the Family and Medical Leave Act (FMLA) regulations
pertaining to military families and qualifying
exigencies. Importantly, among numerous, significant
changes, the regulations define what a “qualifying
exigency” is for purposes of qualifying for up to 12
weeks of FMLA leave. Families with active military
personnel may now be eligible if their situation meets
one of the new qualifying exigencies: short notice
deployment, attendance at official military events or
activities, arranging or providing childcare, attending
school or daycare meetings, handling financial and legal
matters, and rest and recuperation visits when the
soldier is on leave.
Invalid Waivers
A new law amended Labor Code 206.5 making null and void
the execution of any release on account of wages due.
Employers who violate this law are guilty of a
misdemeanor. Effective January 1, 2009 adds the
following language: "For purposes of this section,
'execution of a release' includes requiring an employee,
as a condition of being paid, to execute a statement of
the hours he or she worked during a pay period, which
the employer knows to be false."
Minimum Pay for Exempt Computer
Professionals
Effective January 1, 2009, Labor Code 515.5 was amended
to allow payment to computer professionals as a monthly
or annual salary. Before this change, computer
professionals had to earn a minimum hourly rate, set by
the Division of Labor Statistics and Research (DLSR)
annually. The hourly rate for 2009 is increased from
$36.00 to $37.94. For 2009, the minimum monthly salary
exemption is $6,587.50, and the minimum annual salary
exemption is $79,050.00.
Passport Cards for
Identification on I-9
The Departments of State and Homeland Security have
begun to issue "passport cards" which may be used as a
"List A" document to verify employment in accordance
with the I-9 form. The passport card is more limited in
its uses for international travel (e.g., it may not be
used for international air travel), but it is a valid
passport that attests to the U.S. citizenship and
identity of the bearer. Accordingly, the card may be
used for the Form I-9 process and can also be accepted
by employers participating in the E-Verify program. The
passport card is considered a List A document that may
be presented by newly hired employees during the
employment eligibility verification process to show work
authorized status. List A documents are those used by
employees to prove both identity and work authorization
when completing the Form I-9.
Political Speech
In July 2008, the president of the National Labor
Relations Board (NLRB) issued guidelines to employers
concerning employee participation in political advocacy
activities and providing guidance to employers as to
when disciplinary actions for these activities may be
appropriate.
The
memorandum provides that:
-
Non-disruptive political advocacy for or against a
specific issue, related to a specifically identified
employment concern that takes place during employees'
own time and in non-work areas, is protected;
- On-duty
political advocacy for or against a specific issue,
related to a specifically identified employment concern
is subject to restrictions imposed by lawful and
neutrally applied work rules;
- Leaving or
stopping work to engage in political advocacy for or
against a specific issue, related to a specifically
identified employment concern may also be subject to
restrictions imposed by the employer.
Temporary Employees
Wages for employees of temporary services employers
shall be paid weekly or daily if an employee is assigned
to a client on a day-to-day basis or to a client engaged
in a trade dispute. This requirement does not apply to
employees who are assigned to a client for over 90
consecutive calendar days unless the employer pays the
employee weekly. Failure to do so can result in civil
and criminal penalties.
Workers' Comp Injury Reporting
Labor Code section 6409.1 was amended to change the
reporting of work related injuries and illnesses.
Currently, form 5020 must be filed with the Division of
Labor Statistics and Research (DLSR) within five days of
an incident. Once the regulations are finalized, insured
employers must file a form as prescribed by the Division
of Workers' Compensation (DWC) with the DWC, and
self-insured employers must use a new, yet to be
created, electronic form within the time specified by
the DWC. Amended reports following a death must now be
filed with the DLSR instead of the DWC. Insurers must
use a new, yet to be created, electronic form with the
DWC. The new law specifies that regulations must be
created to implement these changes, which will not go
into effect until the regulations are finalized.
Nutritional Information for
Chain Restaurants
A new law requires chain restaurants with 20 or more
facilities in California to post nutritional
information. Beginning July 1, 2009, to December 31,
2010, each facility must disclose nutritional
information or calorie count information about the food
it serves. Nutritional information includes, but is not
limited to, all of the following, per standard menu
item, as that item is usually prepared and offered for
sale:
- Total
number of calories;
- Total
number of grams of carbohydrates;
- Total
number of grams of saturated fat; and
- Total
number of milligrams of sodium.
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